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REPLY 



TO THE 




ejflinhr af Plaj. fa. |o|it §ope 



TO THE 



^PPEi^L 



OF 



Maj. Gen. Fitz John Porter, 



RE-EXAMINITION OF THE PROCEEDINGS 



OF I'llK 



COURT MARTIAL 



IN HIS CASE. 




MORKTSTOWN, N. J 

18 70. 



» Ol^K^^ 



REPLY 



TO THE 



Jfjoinhr of Ipaj. #fn. |ol]n §0pe 



TO THE 



^f»pe:^l 



OF 



/ 



'j - Maj. Gen. Fitz John Porter, 

FOR A 

RE-EXAMINATION OF THE PROCEEDINGS 

//( OF THE 

COURT MARTIAL 

m HIS CASE. 



MORRISTOWK, N. J 

1870. 



REPLY. 



MoRRiSTOWN, ]Sr. J., Ja7i. 29th, 18*70. 

General William T. Shermais^, 

Commanding U. S. Armies. 

General : — During the years that have intervened since my 
trial, I have borne in silence and with what patience I possessed, 
the cruel and unjust criticisms of journalists, who, lacking full 
information or blinded by prejudice, have, in many instances, 
spared no opportunity to pervert facts, misinterpret motives, tra- 
duce character and perpetuate the memory of a cruel wrong. 

I have refused to permit journalists, who have volunteered 
the espousal of my defence, the sanction they deemed neces- 
sary from me, and such as have by word or pen attempted my 
vindication, deemed my approval unnecessary, the cause being 
a public one. 

There has been no period when I have not sought the vindi- 
cation of my name and reputation ; but in every effort I have 
ajjpealed to the government, in whose service my best years 
were spent, and in whose keeping alone my honor and reputa- 
tion rested. To forestall the action of government by newspa- 
per articles, seemed to me lacking in respect for and confidence 
in its ultimate decision. 

My appeals have been forwarded to the proper military 
officers in every instance ; have been open for the inspection 
and criticism of every person interested in them, and up to a 
recent period, have been contested through government channels 
alone. 

It is possible I have erred in my estimate of the proprieties of 
my case. Naught else would have restrained me heretofore, for 
I have possessed for years such testimony in my behalf as to 



insure a prompt vindication from the press of my country. 
Potential and gratifying as such vindications would be to me, 
my aim has been no less than a soldier's should be, and gov- 
ernment alone can satisf}^ my demands. 

With these purposes and acts in the case it will not be diffi- 
cult for you to imagine my surprise uj^on reading the annexed 
article taken from a New York City paper — ostensibly emanat- 
ing from a correspondent of a Cincinnatti journal, but really 
being the production of Major General John Pope, as tlie use 
of the personal pronoun in many instances indicates. Whether 
the correspondent was derelict in duty in not recopying Gen 
eral Pope's manuscript and obliterating these unmistakable 
" ear marks," it is not for me to comment. 

The communication is General Pope's, save a few unimportant 
lines. He has apparently abandoned the hope of defeating my 
application before the government for a re-hearing ; seems to 
concur with the view of the correspondent whom he favors with 
his intimacy and manuscript, as to the undue influence that is 
being bj'ought upon members of the administration, and seeks 
by the publication of garbled extracts, to turn the tide of 
public opinion, which in my own case, as in all others, finally 
turns with unerring instinct to the right. 

After stating, among other matters, that on the 29th of August, 
1862, a severe battle was fought on the old field of Bull Run, 
known as the first day of the second battle of that name. Gen- 
eral Pope produces, as e^•idence of my criminal purpose to 
abandon him to defeat, the following dispatch to Generals 
McDowell and King : 

" I found it impossible to communicate by crossing the woods 
to Groveton. The enemy are in strong force on tliis road, and 
as they appear to have driven our forces back, the firing of the 
enemy having advanced and ours retired, I have determined to 
witlidraw to Manassas. I have attempted to communicate with 
McDowell and Sigel, but my messengers have run into the 
enemy. They have gathered artillery and cavalry and infantry, 
and the advancing masses of dust shoAV the enemy coming in 
force. I am n<no going to the head of the column to see ichat is 
passing and hov) affairs are going^ and will cohmmnicate toith 
you. Had you not better send your train back '? 

" F. J. PORTER, 

Ma^or GeneraV 



The words I have italicised, General Pope has entirely left 
out in his publication. (Court Martial, p. 31.) They are words 
that indicate the fullest purpose to be informed before I defin- 
itely acted upon my warning to Generals McDowell and King. 
And these words General Pope expunges from my dispatch to 
suit his jDurpose ! I will not assume to characterize such an 
offence against common honesty. 

My action was based upon sound military principle, and will 
bear a soldier's test. When I wrote the dispatch I believed, 
from report, our right was retiring under pressure of superior 
force, and knowing that Longstreet was before me with over- 
powering numbers, and reported to be pressing, I deemed it 
probable my withdrawal would become a necessity if my force 
was to be made effective. 

After stigmatising mu "purpose" to suit which his garbled 
dispatch is published. General Pope concludes this branch of 
his subject as follows : 

" Was there in the mind of any honest man, citizen or soldier, 
any honorable course open to him except of these two ? Not 
so, thought Porter. With his efficient corps, equal in numl)ers 
to nearly one-third of the whole army — superior in freshness 
and in efficiency to any corps in the field — he deliberately states 
that he intends to march off, under these appalling circum- 
stances, to Manassas Junction, precisely in the opposite direc- 
tion from the army, and to abandon them to the disaster which 
he says he believes they were suffering. Can any words add 
force to this simple statement ? " 

It seems unfortunate that such high-toned sentiments and 
reflections should be wasted; but, inasmuch as I did not toith- 
draw (having gone to the front and found such action unneces- 
sary), I imagine you will concur with me as to their in-ajjpro- 
pi'iateness. 

There is no evidence on the record, nor can any be produced 
to show that my command retreated ; but, to the contrary, it 
remained all day where McDowell left me, save when moved to 
induce or indicate an attack. When, therefore, General Pope 
says I '•'•pretended " to believe his forces were being driven, in 
order to have an excuse for the withdrawal of mine, he does 
me no harm, and only compels a more universal belief in his 
now thoroughly established infirmity. 



General Pope reiterates the charge that later in the day 
(29th) — when the troops of McDowell had been withdrawn 
from me — and when Longstreet's troops doubling mine in num- 
bers, were in position before me, I failed to execute an order, 
and thus caused his defeat. 

I am prepared to prove that my action was correct, based on 
military principles ; that at no time after McDowell's troojDS 
were withdrawn (noon 29th) could any attack have been made 
that would not have involved the destruction or capture of my 
whole command ; that Longstreet vkis in my front with more 
than double my force, and that he has stated since the close of 
the war, and will again, no doubt, that my action not only 
saved our army great loss and defeat, but in all probability 
saved the entire army of General Pope. 

General Pope asserts imi^licitly that the order of 4.30 P. M., 
August 29th, was delivered to me at 5 o'clock, notwithstand- 
ing the hour of delivery is in dispute, and his assertion is 
opposed by his own testimony and by that of one of his two 
witnesses, and all my witnesses, who show that it was not 
received till about sun down (6.30) too late to be executed. 

In my trial I brought forward the evidence of the highest array 
officers to disprove the charge under discussion. In the printed 
appeal which is in your hands, I have had that evidence most 
strongly endorsed by witnesses not then attainable, and my 
application now is based upon the knowledge that with all the 
evidence time has permitted me to accumulate, I can prove the 
entire recklessness and falsity of Pope's assertion, and vindicate 
the honor of my brave troops and of myself. It was for just 
such a public investigation made by such officers as the Presi- 
dent, General Rawlings and yourself, tliat I urged my appeal 
just prior to General Rawling's death. To the President, to 
General Belknap, Secretary of War, and yourself I am still 
ready to appeal, or to any other general officers you may appoint. 
Surely, if General Pope deems my case so easily disposed of, 
he cannot shrink from the A^erdict of such a tribunal. 

His claim that the reports of the confederate generics present 
on the 29th August sustain him in the assertion that I had no 
considerable body in my front is also without foundation. My 
appeal (p 50, 51) shows how he has perverted General J. E. B. 
Stuart's report, and also Longstreet's, and the letters therein of 



Generals Longstreet and Wilcox, and Colonel Marshall, aid- 
de-camp to General Lee, assert that Longstreet had united 
with Jackson before Stewart I'eported my approach, and that 
the disposition of his troops had to be changed from before 
Pope, to meet me. In face of such facts, I cannot see how even 
General Pope can reiterate such statements. 

General Pope in order to culminate his virtuous indignation 
at my conduct, as he states it to have been on the 29th of Au- 
gust, 1862, gives the following extract from General Jackson's 
report : 

"Headquarters Second Corps, A. N. V., ) 
April 27, 1863. \ 

" Brigadier General R. H. Chiltox, 

A. A. General^ Headquarters Department, A. N. V. : 

" After some desultory skirmishing and heavy cannonading 
during the day, the Federal infantry, about 4 o'clock in the 
evening, moved from under cover of the wood, and advanced 
in several lines first engaging the right, but soon extending its 
attack to the centre and left. In a few moments our entire 
line was engaged in a fierce and sanguinary struggle with the 
enemy. As one line was repulsed another took its place and 
pressed forward as if determined, l)y force of numbers and fury 
of assault, to drive us from our position. So inqyetuous and 
well sustained were these onsets as to induce me to send to the 
commanding General for reinforcements, hut the timely and gal- 
lant advance of General Longstreet, on the right, relieved my 
troops from the pressure of overiohelming numbers, and gave to 
those brave men the chances of a more equal conflict. As 
Longstreet pressed upon the right, the Federal advance was 
checked, and soon a general advance of my whole line was 
ordered. Eagerly and fiercely did each brigade press forward, 
exhibiting in parts of the field scenes of close encounter and 
murderous strife not witnessed often in the turmoil of battle. 
The Federals gave way before our troops, fell back in disorder, 
and fled precipitately, leaving their dead and wounded on the 
field. During their retreat the artillery opened with destruc- 
tive power upon the fugitive masses. The infantry followed 
until darkness put an end to the pursuit. 

" I am. General, very respectfully, 

" Your obedient servant, 

"T. J. JACKSON, 

'■^Lieutenant General.'''' 



8 

General Pope complacently commenting on this report of 
General Jackson, says : 

" It seems, then, that Jackson was so hard driven by that 
army which Porter considered defeated, that he could not hold 
his ground and sent to General R. E. Lee for reinforcements. 
But Lee, according to the testimony of the Chief Engineer on 
his staff, took breakfast that morning on the opposite side of 
Thoroughfare Gap, full thirty miles distant, and it was utterly 
impossible to reinforce Jackson before a very late hour of the 
night, long before which time the whole affixir would have been 
ended. What, then, saved Jackson from a disastrous defeat ? 
Why, the very troops taken from in front of Porter when he 
deserted the field." 

From all of which I am compelled to take the inflation by 
stating, as a fact (appeal, p 21 to 26), that the report 
of General Jackson refers to the action of the next day (August 
30th) and the troops who were so " impetuous " in their onset 
were my troops^ commanded by me, Avhom General Pope charges 
as having, the day before^ been in a frame of mind fit for any 
wicked purpose. 

Nor would the reliability of General Pope's statement be 
much improved could he prove that this contest of the 30th 
of August took place, as he asserts, on the 29th, for this would 
convict him of great inaccuracy in his testimony before the 
Court Martial, and in his official report to the Committee on 
the Conduct of the War, wherein he says : 

" I believe, in fact I am positive, that at five o'clock on the 
29th, General Porter had in his front no considerable body of 
the enemy. I believed then, as I am very sure now, that it was 
easily practicable for him to have turned the right flank of 
Jackson and to have fallen upon his rear ; that if he had done 
so we would have gained a decided victory over the army of 
Jackson, before he could hai^e bee>i joined by any of the forces 
of Long street, itc, <&c. 

Now I submit that Longstreet could not have been engaged 
at 4 P. M, on the 29th August, in " saving Jackson from a dis- 
astrous defeat," by "taking troops from in front of me," if 
those troops were miles away at five o'clock, and according to 
Pope's testimony they did not begin to arrive till sundown on 
that day and were coming on the field all night and the next 
morning (30 th). 



9 

But the evidence is at hand to sliow tliat tlie battle Pope 
glories in above, was on the 30th, and fought as l>ravely by my 
troops as any others, at least, as Jackson testifies. 

I beg to trespass once more upon your time to refer to the 
"motives" by which General Pope seeks to establish a treach- 
orous pui'pose on my part. 

The dispa-tches sent by me to General Burnside are made 
the basis of this effort. 

Generals Burnside and Parke, who recei\ed the dispatches, 
testify they saw in them no improper motive, nor aught else 
than I claim in my appeal and here. In shoAving my "■ motive," 
General Pope shows too plainly his own and has;^ not even the 
ars eelare artfi)H. 

Now, I mean to say that whilst those dispatches were more 
unguarded and free in expression than they would have been 
had I anticipated their publication, they have within them facts 
which President Lincoln desired lue to impart to him by some 
means and thanked me for ; they gave the most reliable informa- 
tion then had fi-om the army, and I assert now, that for ac- 
curacy and information, they will bear any fair test applied to 
them. That they Avere not and are not palatable to General 
Pope is because they were true when written and are to-day a 
part of history beyond his power to efface. 

Without the slightest disposition to avail myself of any 
technical point that could be raised in my favor, [ submit that 
on account of General Pope's course and assertions grave 
doubts arise as to Avhether my trial Avas in accordance Avith 
the Act of Congress of Alay 29th, 1.S30, Avhich stntes : 

" Whenever a general otiicer commanding an army, or a 
colonel commanding a separate department, shall l»e the accuser 
or prosecutor of any officer in the army of the United States 
under his command, the general court martial for the trial of 
such officer sliall be appointed by the President of the Ignited 
States." 

NoAV General Pope in his protest of Sept. 16, 1867, against a 
re-hearing of my case, comes forward as my accuser and pro- 
secutor. In his repoi't to the Committee on the conduct of the 
Avar, he says, " I considered it a duty I OAved to the country to 
bring Fitz John Porter to iustice. With his conviction and 



10 

punishment ended all official connection I have since had with 
anything that related to the operations I conducted in Virginia." 
The letter of the article may perhaps not have been violated 
but in spirit its violation was perfected, for if General Pope was 
the "accuser or prosecutor," as he note appears, then my Court 
should have been appointed by the President, and not by the 
General-in-chief. 

I am. General, 

With high respect. 

Your obedient Servant, 

FITZ JOHN PORTER. 



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